Fort Walton Beach Council agenda — 08-22-2007 special agenda — reading text

they are scheduled. He mentioned that Council members are members of rious organizations and if they want to talk about their board or committee, this is the agenda ite it would fall. PUBLIC HEARING ORD. 1729 - BUSINESS TAX The City Attorney read the ordinance by title. AN OF THE CITY OF FORT WALTON BEACH, FLO DA; AMENDING THE ORDINANCE BUSINESS TAX SECTION OF THE COMPREHENSIVE FEE SCHEDUL OR THE CITY OF FORT WALTON BEACH TO INCREASE ALL BUSINESS TAX RECEIPT C RGES BY FIVE PERCENT 5%); AMENDING SECTION 8. 01. 09 OF THE CITY CODE, AS AD PTED IN ORDINANCE 1725; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was no one w 0 wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1729 on second re mg. Mr. Hartwell seconded motion. and it carried by a vote of 6 to 1 with Holmes, Miller,' Ga e, Pullen, Hartwell, and Minich in favor and Reeves opposed. PUBLIC HEARING ORD. 1720 - STORMWATER DISCHARGE The City Attorney read the ordinance by ti . AN ORDINANCE OF THE CITY FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION . 521 ENTITLED " INAPPROPRIATE DISCHARGE DETECTION . AND ELIMINATION INTO STO ATER SYSTEM" TO VOLUME II, CODE OF ORDINANCES; ESTABLISHING REGULATIO S FOR CONTRIBUTIONS OF POLLUTANTS BY STORMWATER DISCHARGE BY ANY US S, AND TO PROHIBIT INAPPROPRIATE CONNECTIONS TO THE MS4; RESOLVING CONI3 ICTING PROVISIONS; DETERMINING SEVERABILITY; AND SETTING AN. EFFECTIVE DATE. The Mayor opene e public hearing. As there was no one who wished to speak, the public hearing o was closed. Mr. Garvie oved to adopt Ord. 1720 on second reading. Dr. Pullen seconded motion and it carried u animously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUB C HEARING o . 1724 - PERMIT FLAG POLES UP TO 200' AS CONDITIONAL USE e City Attorney read the ordinance by title.  25 Regular Meeting 6- 12- 07 ORD. 1724 cont. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING F AUTHORITY; AMENDING CHAPTER 12.731 HEIGHT AND AREA EXCEPTIONS OF THE DEVELOPMENT CODE TO PERMIT FLAG POLES UP TO A MAXIMUM HEIGHT OF 0 HWNDRE.D ( 200) FEET ABOVE GROUND LEVEL AS A CONDITIONAL USE; RES VING o.-- GONFLlCTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND. PROVID G AN EFFECTIVE DATE. . The CDS Director noted on line 22 the word approval should read disapproval. The Mayor opened the public hearing. Jay Odom, owner of Uptown Station, discussed his request for an amendme to the Code to allow tall flag poles as a conditional use. He mentioned the two requiremen mentioned at the last meeting, approval by the FAA and not more than one tall flag pole be allow (f per square mile, are not in the ordinance but he checked with legal counsel who said because th have been brought up and are very clearly stated that there is no problem, on a staff approval, th those be a requirement of an approval of any of the flag poles; and they felt it was not needed r appropriate to have it in the ordinance itself but it could be a condition of approval at the time request was made. He said the location in Central Park at Uptown Station is a public space, no 0 e is restricted from that space, and it is open and available to the public 24 hours a day. . He said ven though it cannot be restricted to only an American flag, he would voluntarily in his applicatio make it a requirementJhat it only be allowed to be an American flag. Dr. Pullen mentioned it also requires approval by Eglin, 5 far as their mission, in addition to the FAA. Mr. Odom stated that Eglin has already gone on recor as their approval of flag poles up to 200' not to exceed one flag pole per square mile, which they ve to the City in writing. Dr. Pullen commented that the concurrence of Eglin would also be rt of the conditional use approval. Mr. Odom commented he would have no problem with that hey have already stated their position. Mr. Hartwell asked Mr. Odom why he did ot consider a statute orsomethrng that represents the military and first responders instead of a ag that represents 3 million people, and asked why 170'. Mr. Odom replied that is what he chos , and it is the same height as the water tower across the street. Mr. Hartwell asked Mr. Odom' 170' were not approved if he would put up a flag at 70'. Mr. Odom replied no, he wanted to do mething extra ordinary and special and there are plenty of flag poles 70' tall. The Mayor opened the floor or public input and stated he would like to alternate pro and con comments. Bm Walter, 320 Smith Dr' eNE, spoke against .the height of the flag pole and expressed his belief that no one should get sp ia! privileges and rights with the flag that no one else can get within one square mile. J Barry Gray expre sed his support of a 170' flag pole. Rachael Fra . r, 1147 Patriot Cowt, spoke in favor of the ordinance that would allow a 170' flag pole and mentio ed the controls that will regulate flag. poles to keep them in proportion with the property. Kara od, 443 Shoal Lake Drive, Crestview, read an email from her husband Monty Wood who is stati ed at Hurlburt and currently serving in Korea and expressed ~ is support of the ordinance that wo d allpw a 170' flag. She mentioned the support of the military she has seen in the community and ded her support of the ordinance. 26 6- 12- 07 Regular Meeting ORD. 1724 cont. BiII' Sullivan, 17 Lucille Street, expressed his support of the ordinance. Bill Wayne, 113 Waynel Circle SE, spoke against the ordinance because of the height and its' on the military down fange targets. Charlene Greenwald, 206 Jet Drive NW, voiced her support of the ordinance and her di flag, pole at 170' will intertere with the military mission. Ramon Collado, owner of Baskin- Robbins at 91 Eglin Parkway NE, voiced ordinance and agreed the flag pole will meet all the standards and regulations. o As there was no one further who wished to speak, the public hearing was clos . Mr. Holmes moved to adopt Ord. 1724 on second reading. Mr. Garvie econded motion. Discussion included views in support of the ordinance that woUld lIow a 170' flag pole and in e mission of Eglin. opposition of the ordinance because of the height and the impact on and it The Mayor called for the vote on the motion to adopt Or . 1724 on second reading carried by a vote of 5 to 2 with Holmes. Miller, Reeves, G ie. and Minich in favor and Pullen and Hartwell opposed. CITY COUNCIL/MAYOR RESPONSIBILITIES AND RE TIONSHIP Consideration of defining the responsibilities of the Ci Council and the relationship of the Mayor so that activities in City Hall and in Council meetings will roceed more smoothly. Mr. Miller commented the item has nothing to do ith personalities; it is a question about organization of the Council and compliance with the City Ch er. He expressed his belief that the Mayor has done an outstanding job representing the City, is reat in community rel,ationships and is a wonderful an asset for the City but he is no longer a Co cilman. He stated the Charter says all powers of the city shall be vested in a council of seven me ers, the ones with the seat numbers, and says the Mayor shall preside at the meetings of the C ncil and shall also have the power and pertorm the duties conferred and imposed by the chart and ordinances of the city; he shall have the right to cast a issue befa the members of the city council end in a tie vote. He expressed deciding vote should any the Mayor needs to be an impa . I, presiding official and thought they need to define the roles and mission of the Council and th roles and mission of the Mayor. He would like to arrive at an so th proceed forward in the future. He also stated City Council understanding tonight can is their supervisors and they supervises four charter offi rs and City Council, as a collective group, have a right to oversee at they do and comment on what they do; the Mayor does not have that the work for the City Council. He mentioned the web page is right, they do not work r Mayor, they inaccurate and cause confusion and they need to make sure the people in the city understand that. the power is veste Council and they are the legislative body of the City. He mentioned the n City 0 web page says t City Council is the legislative body of the City; it is composed of the Mayor and embers. He said that is not true, City Council is composed of seven Council seven Council and the Mayor- Pro Tem. He thought they need members pre . ed over by the Mayor occasionally by the information to everyone and the City . to be consi ent in everything so they can present same Council a City government will run more efficiently. Mr. M' Ich moved to suspend Roberts Rules of Order for this discussion this item. Mr. Holmes Pullen, sec ded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, H ell, and Minich in favor.